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Financial Assurance for Recycling Facilities

Financial assurance requirements and contact information pertaining to recycling facilities.

General Overview

An owner or operator of a recycling facility that stores combustible material outdoors, or that poses a significant risk to public health and safety as determined by the executive director, must provide financial assurance for closure of the facility by disposition of all the processed and unprocessed materials in accordance with all applicable regulations.

Regulations detailing requirements of the financial assurance mechanisms are found in Title 30, Texas Administrative Code (30 TAC), Chapter 37, Subchapter J .

Owners and operators are also subject to many of the requirements of 30 TAC Chapter 37, Subchapters A through D. 30 TAC Chapter 37, Subchapter J describes which portions of Subchapters A through D are applicable.

Questions about cost estimates or whether you are required to provide financial assurance should be directed to our Waste Permits Division at 512/239-2335.

Questions? We Can Help

If you have questions about financial assurance mechanisms, please contact us.

Types of Financial Assurance Mechanisms

The description of how various financial assurance mechanisms work and their specific criteria are set out in 30 TAC Chapter 37, Subchapter C . The required wording of the mechanisms can be reviewed and downloaded from 30 TAC Chapter 37, Subchapter D . However, for required payment bond wording, please contact us.

Submitting Proof of Financial Assurance

Unless otherwise directed in writing by the executive director, facilities must submit proof of financial assurance prior to receiving any materials. Proof of acceptable financial assurance must be submitted before a municipal solid waste number is assigned.

The following information should be sent to TCEQ:

  1. A cover letter that includes:
    1. a statement that proof of financial assurance is being submitted for a recycling facility;
    2. the name of the facility;
    3. the name, address, telephone, and other contact information for the facility owner or operator
    4. the level of authorization (notification, registration, or permit) required for the facility, and any TCEQ identifying numbers such as permit or registration numbers if assigned; and
    5. a contact name and phone number for the issuer of the financial assurance mechanism.
  2. The original mechanism(s) issued by the financial assurance provider.

Send this information to:

U.S. Mail:
Texas Commission on Environmental Quality
Financial Administration Division
Financial Assurance Unit, MC-184
P.O. Box 13087
Austin, TX 78711-3087

Overnight Delivery:
Texas Commission on Environmental Quality
Financial Administration Division
Financial Assurance Unit, MC-184
12100 Park 35 Circle
Austin, TX 78753

 

Continuous Financial Assurance Coverage

Documentation of the financial assurance mechanism(s) must be maintained until the facility is closed in accordance with regulations and the executive director approves the closure. Questions about scheduling a closure inspection of the facility should be directed to our Waste Permits Division at 512/239-2335. Once you have received written approval of the closure, you may request release of the mechanism at the above addresses.